MARTIN AVENUE BUFFER ZONE 14-1284C

oC y6P« LICENSE AGREEMENT THIS LICENSE AGREEMENT (hereinafter "LICENSE is made and entered into this 27 day of August, 2008, by and between Zone 7 of Alameda County Flood Control and Water Conservation District, a body corporate and politic (hereinafter "ZONE 7 and the City of Pleasanton, a Municipal Corporation (hereinafter "CITY RECITAL A. ZONE 7 owns certain water facilities and real property in the County of Alameda, State of California, adjacent to Martin Avenue and part of Lake I, known as the Buffer Zone, hereinafter "SITE"; B. CITY has indicated its desire to retain a park -like atmosphere within and about the SITE; and C. ZONE 7 is agreeable to such use by CITY on the SITE and hereby grants a non- exclusive LICENSE for said use upon the following terms and conditions. NOW, THEREFORE, BE IT MUTUALLY AGREED as follows: 1. Permitted Use. Subject to the terms of this LICENSE, the CITY is permitted to construct, improve, maintain and operate the SITE delineated on Exhibit A, which is attached hereto and made a part hereof, for park and recreation purposes. 2. License Fee. This LICENSE shall not require payment of any rent or other charges to ZONE 7 by CITY for the use of the SITE for the purposes for which it is permitted. 3. Term of License. a. The term of this LICENSE shall be for twenty -five (25) years from the date of execution of this LICENSE with an option to CITY of renewal for additional periods of twenty -five (25) years thereafter upon application therefore accompanied by a showing of faithful exercise thereof according to the covenants herein; either this original LICENSE or any renewal thereof to be subject to termination under the covenants provided herein to govern such termination. Renewals shall be subject to updating the conditions on use of the SITE. b. At any time, either CITY or ZONE 7 may terminate this LICENSE, with or without cause by providing 90 days advance written notice to the other party. c. CITY's obligations under Section 7 "Condition of SITE Upon Termination Section 10 "Indemnity and Section 12 "Waiver of Claims shall survive the termination of this LICENSE. 4. Limitations a. This LICENSE is granted solely for the purpose of authorizing CITY to provide park and recreational uses at the SITE for general public use without discrimination as to place of National origin, Ancestry, Ethnicity, race, color, gender, age, marital status, pregnancy, sexual orientation (real or perceived), medical condition, physical or mental disability, or religion.